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Oct 18, 2016 · Ignore the letter. The first option, ignoring the letter, is one that every person should avoid. In family law it is especially important to think a few steps ahead. Ignoring the letter forces the opposing party’s lawyer to do one thing – recommend that his or her client proceed to Court.
Jun 18, 2020 · A lawyer's letter can be ignored, whether the recipient is sane or not. The only ones who can't ignore the letter are debt collectors, and that's only if the you hire the lawyer to represent you AFTER they write this letter for you, so they'd be the recipient of future communications.
- Demand Letter Information
- Conclusion
- Video Transcript
1. A demand letter shows the other party you’re serious.
Let’s say your business is engaged in a dispute with another company. You’ve made phone calls and sent e-mails. Angry words are exchanged. The other company may think you’re not going to pursue the issue legally. A demand letter makes the possibility of a lawsuit “real” for the other company. Perhaps for the first time, the other party will have to weigh the possible consequences of not complying with the demand.
2. A demand letter is generally seen by the court as a sign of good faith.
The letter shows that the party sending it wants to resolve the issue and isn’t wasting valuable judicial resources. Courts like to see that efforts have been made to settle disputes. Sending a demand letter by certified mail (with return receipt requested) and by regular mail provides proof that you made the effort. In some cases, sending a demand letter is required before going to court.
3. The information in a demand letter may be used against you.
If you do wind up in court, a judge will read the demand letter. Being insulting or threatening can hurt your case. So can demanding an unreasonable amount of money. The wording of a demand letter is important. Certain issues fall under the Fair Debt Collections Practices Act, or other federal and state laws. You want to ensure any demands made are in compliance with all applicable laws. You also want to ensure the wording of the letter does not result in a waiver of your rights.
As you can see, demand letters can be an efficient option for settling disputes. They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.
What is a demand letter? And what should you know if you receive a demand letter or you’re thinking about sending one? These are the questions I’ll be addressing today. I’m Aaron Hall, an attorney representing business owners in Minneapolis, Minnesota. You can learn more about me at aaronhall.com. And please see the description below for a importan...
Sep 3, 2023 · A: It's not uncommon for demand letters to be ignored or for the defense to delay a response, especially if they believe the sender may not follow through with legal action. To encourage a response, you may want to consider sending a follow-up letter via certified mail, which creates a record of their receipt of your communication.
Generally speaking, you should not ignore a lawyer's letter as doing so may result in the party instructing the lawyer, to commence legal proceedings against you. ... If you have received a letter of demand, you may wish to contact our lawyers to discuss the demands that are being made against you.
Jan 31, 2024 · Here are some of the most common mistakes that lawyers commit while crafting their follow-up letters and practical tips to help you avoid them: Including too many details about your legal service. Remember that your prospect already took the time and effort to come in for a consultation.
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If the legal letter you’ve received isn’t a formal notice of claim or notice of hearing, any deadlines mentioned might be more of a pressure tactic. That doesn’t mean you should ignore them altogether.
